|
��
<br />���
<br />�
<br />N��
<br />B �
<br />� ��
<br />0
<br />W - .
<br />�
<br />Y =
<br />.��
<br />�
<br />r�
<br />r
<br />��
<br />�
<br />_ �
<br />� � �
<br />� �
<br />:C �
<br />� �
<br />rv
<br />�
<br />� ~
<br />,...�.
<br />� �_
<br />� �
<br />r ,� �
<br />r `'' ' -c
<br />r' " '
<br />C�r r' p....a
<br />� � M1 Q7
<br />v, r �
<br />r; �
<br />O I ' 1 �
<br />., ` 0
<br />� y, �
<br />� �+ t �
<br />c� Cn
<br />o --�
<br />c D
<br />z �
<br />---t
<br />—C p
<br />� �
<br />� �
<br />z rn
<br />� �
<br />r �
<br />I D
<br />�
<br />X
<br />D
<br />•�/�
<br />�
<br />O
<br />N
<br />O
<br />►�
<br />�
<br />O
<br />C�J
<br />Q7
<br />Gl
<br />1.
<br />'
<br />�
<br />�
<br />�4
<br />'
<br />�
<br />R� � �'�y
<br />WHEN RECORDED MAIL TO:
<br />Ffve Polnts Bank
<br />Wast Branch p p��� j,�`�y,
<br />2009 N. Diers Ave.
<br />Grand Island. NE 68803 FOR REGORDER'S USE ONLY
<br />Fir� Po��vrs B�uK �,�
<br />DEED OF TRUST
<br />MAXIMUM UEN. The lien of this Deed of Trus# shall not exceed at any one time 5500,000.00.
<br />THIS DEED OF TRUST is dated May 13, 2011, among JEFFREY S WESTERBY and JOLYNE M WESTERBY;
<br />Husband and �fe ("Trustor"); Flve Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand
<br />Island, NE 68803 (referred ta below sometimes as "Lender" and sometimes as "Beneficiary" ); and Five Points
<br />Bank, whose address is P.O Box 1507, Grand Island. NE 68802•1507 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuabla considaration, Trustor conveys to Trustee in uust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneflciary, all of Trustor's rlght, title, and interest in and to the following described real property, together with ell existing or
<br />subsaquently erected or affixed buildings, improvaments and fixtures; all easements, rights of way, and appurtenances; all weter, water
<br />rights and ditch rights (including stock tn utilities with ditch or Irrigation rights►; and all other rights, royalties, and proflts relatin to the real
<br />property, including without limitation all minerals, oll, gas, geothermal and sfmilar matters, (th� " Real Prvperty (OCBte in HALL
<br />County, State of Nebraska:
<br />SEE ATTACHED EXHIBIT "A°
<br />The Reai Property or its address is commonly known as FARMGROUND IN HALL COUNTY, NE.
<br />CROSS-COLLATERALIZATION. In eddition to the Note, this Deed of Trust secures all obligations, debts and ifabilities, plus interest
<br />thereon, ot Trustor to Lender, or any one or more of them, as well as all claims by Lender agalnst Trustor or any one or more of them,
<br />whether now existing or hereafter arlsing, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or inclirect, determined or undetermined, ebsolute or contingent, liquidated or unliquidated, whethar Trustor
<br />may be liable individually or jointly with others, whether obligated as guerentor, surety, accommodetion party o� otherwise, and whether
<br />recovery upon such amounts may be ar hereafter may beaome barred by any statute of limitations, and whether the obiigation to repay
<br />such emounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVAMCES. in addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to e commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in lts discretion may loan to Trustor, together with all interest thereon; however, in no
<br />event shall such future advances iexcluding interest) exceed in the aggregate $500,000.00.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of T�ustor's right, title, and interest In and to all
<br />present and future leases of the Property end all Rents from the Property. ln eddition, Trustor grants to Lender a Uniform Commercial
<br />Code security Interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INGLUDING THE ASSIGNMENT OF RENTS AND THE SECURI7Y INTEREST IN THE RENTS AND PERS011fAL
<br />PROPERTY, IS GIYEN TO SECURE tA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AIVD PERFORMANCE. Except as otherwise provided In this Deed of Trust, Trustor shali pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and In a timely menner perfarm ell of Trustor's obligations under the Note, thls
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTERIANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governad by the foilowing provlsions:
<br />
|